Getting married to a United States Citizen or Lawful Permanent Resident (Green Card Holder) is one of the most common forms of Family-Based Immigration into the USA, and it is also one of the fastest ways to obtain Lawful Permanent Residence (i.e., a Green Card).

In order to obtain full Lawful Permanent Residence Status based on such marriage, the couple must have been married for at least 2 years prior to the filing of the Application for Lawful Permanent Residence (I-130) in order for the foreign spouse to obtain their green card. Otherwise, the foreign spouse will only be granted temporary Conditional Residence for a duration of 2 years. After this 2-year period, the couple must file an additional application to apply to have the Conditional Residence status removed (I-751), and once this application is approved by USCIS, only then does the foreign spouse becomes eligible to receive the full, permanent, green card status.

However, in reality, many individuals apply for Lawful Permanent Residence when they have been married for
less than 2 years. In such a case, one has a more complex burden of proof for the application process, as one must demonstrate through documentary evidence that the marriage is real, was entered into in good faith, and is bona fide in nature (i.e. that it was not entered into fraudulently for the purpose of evading US Immigration Laws).

Convincing evidence is critical at this juncture, and it is highly recommended that one utilize a qualified Immigration Attorney to assist in the collection, presentation and submission of such evidence to USCIS. Common examples of such evidence are correspondence between the spouses, be they letters, emails, social media conversations; photographs of the couple together; and affidavits from family, friends, co-workers, etc. Evidence of financial ties together should also be gathered, such as copies of joint bank accounts, credit cards, insurance policies, health insurance, automobile titles, auto insurance policies, joint bills, tax returns, and mail which shows that both spouses live at the same address together. Anything which demonstrates a legitimate relationship that has been continuous and on-going is beneficial, notes Ms. Cuprys.

After one applies for the green card, it is thereafter required that both spouses will have to appear in person at their local USCIS Office for an Official USCIS Interview. The immigration officer will interview the couple and ask them many personal questions in order to determine that the marriage is real and bona fide, i.e. questions of each spouse to ascertain and verify if they know things about the other, etc. These are such things that a married person should know about their relationship.

There also is a financial component to the Immigration process. The US Citizen (sponsoring spouse) has to attest and agree to provide financial support to the foreign spouse. This is done via the execution of a formal Affidavit of Support, which is a legal requirement in the process and must be included with the original Application for Lawful Permanent Residence at time of filing. Also, the sponsoring spouse must prove that they are financially capable and responsible, in which they must document and submit evidence that he or she is employed and has a salary that must meet at least 125% above the Federal Poverty Line (US Income Requirements). It is also required that
they provide Federal Income Tax Returns for the past 3 years as evidence of the above.

*** Magdalena Ewa Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs.